DPC Minutes 2023-11-16

FINAL Summary Meeting Minutes
Delta Protection Commission

Thursday, November 16, 2023, 5 p.m.
Sacramento Yacht Club
3365 Chicory Loop, West Sacramento, CA 95691

Administrative Agenda

1. Call to Order and Flag Salute – DPC Chair Diane Burgis

Diane Burgis called the meeting to order at 5:11 p.m. and Congressman Garamendi led the meeting participants in the Pledge of Allegiance.

2. Welcome and Roll Call

Assistant Executive Director Debra Waltman called the roll. Present at roll call: Chair Burgis; Commissioners Hume, Kott, Steele, Slater, and Agar. Vice Chair Vasquez and Commissioners Villegas, Bugsch, Ding, Nakanishi, Paroli, Mussi, Birdsong, and Vogel, as well as ex-officio designees McCann for Assemblymember Villapudua and ex-officio designees Udang for Senator Talamantes Eggman were absent with no alternate present.  At this time, we did not have a quorum present.

Commissioner Bugsch arrived at 5:18 p.m.

Gurneel Singh Boparai, ex-officio designee for Assemblymember Villapudua, arrived at 6:07 p.m.

Commissioner Villegas arrived at 6:58 p.m. and Chair Burgis asked Assistant Executive Director Debra Waltman to conduct a second roll call at 6:59 p.m. Present at second roll call: Chair Burgis; Commissioners Villegas, Hume, Kott, Steele, Slater, Bugsch, and Agar, as well as ex-officio designee Boparai for Assemblymember Villapudua. Vice Chair Vasquez and Commissioners Ding, Nakanishi, Paroli, Mussi, Birdsong, and Vogel, and ex-officio designee Udang for Senator Talamantes Eggman were absent with no alternate present.  At this time, a quorum was present.

3. Public Comment

Chair Burgis asked for public comment for items not on the agenda and there was none.

4. Report on Delta Stewardship Council Activities – DPC Chair Diane Burgis

Chair Burgis announced that the Delta Stewardship Council met the same day and discussed climate resiliency in the South Delta; state funding for habitat restoration; and an update to the Bay Delta Water Quality Control Plan.

Chair Burgis asked for public comment and there was none.

5. Commissioner Comments/Announcements

Commissioner Agar drew attention to the updated map of Caltrans construction projects in the Delta region that had been distributed to Commissioners prior to the meeting. The District 10 contact sheet has been updated and includes phone numbers, which are good for emergencies. Caltrans is prepared for this winter. He recommends the Quick Maps App for closed highways and stated that District 10 is ready to help with installing NHA signs in the seven-county area and assist with the Clean CA sign project. He also announced his retirement in December.

Commissioner Slater announced that the Bay-Delta Plan public comment period was extended to January 2024.

Commission Hume announced that the Delta Conservancy met at Big Break. They took a tour of Webb Tract and talked about rice farming, wetlands, recreation, and aquaculture. He asked for Commissioner Agar’s assistance with signs in Sacramento County. He had a meeting on Sherman Island last week on levee roads and spoke about how roads are maintained based on a formulaic calculation that takes population into account. The Delta is at a disadvantage because of the low population.

Commissioner Steele announced that the City of Isleton is seeking a sustainability coordinator. Last winter, because of flooding, the pipes around manholes overflowed. They have reached out to FEMA several times to let them know that Isleton will likely pollute the Delta without federal assistance.

Chair Burgis asked for public comment and there was none.

6. Approval of September 21, 2023, meeting minutes

Motion: It was moved by Commissioner Steele and seconded by Commissioner Kott to approve the September 21, 2023, meeting minutes; in a voice vote; the motion passed 8-0-0 with all Commissioners present voting aye.

7. Consider approval of 2024 meeting schedule

During discussion, it was noted the March date will likely be March 7,  2024, but the Commission has the alternative to meet on March 21, 2024, if there is an unavoidable issue.

Motion: It was moved by Commissioner Hume and seconded by Commissioner Steele to approve the 2024 meeting schedule; in a voice vote, the motion passed 8-0-0 with all Commissioners present voting aye.

8. Public comment on the National Heritage Area (NHA) Management Plan Update

Program Manager Blake Roberts provided a progress update on the National Heritage Area Management Plan, including:

  • A summary of important considerations and required components of the Plan.
  • Outreach efforts undertaken by Commission staff and the formation of focused committees and task groups, tribal consultation, public workshops, the Delta Heritage Forum, and online surveys and interviews.

He spoke about the chapter topics and the established goals of the Plan. He also outlined a schedule of production for the Plan, which aims to make a draft of the Plan available for Commission review and public release by the end of 2023, and a final version of the Plan available for review by the National Park Service and Department of Interior by March 12, 2024.

Mr. Roberts also presented a summary of other projects underway related to the development of the NHA including sign production and placement, a marketing plan update, a passport program, a Junior Ranger program, Operation Pollination, and America 250.

Commissioner Kott asked if there are there any concerns about reviewing the summary prior to reviewing the chapters. Commissioner Hume also expressed concern about reviewing the conclusion of the document prior to reviewing other chapters. Chair Burgis commented that Mr. Roberts has been doing an amazing job and that there are items in the chapters that will likely be moved around.

Chair Burgis asked for public comment, and Congressman John Garamendi stepped forward. Congressman Garamendi reiterated that the Commission is the governing body of the National Heritage Area and suggested that they create a mechanism to create a governing board. He also spoke to the timing of the release of the document stating that releasing it in late summer 2024 will put the Delta Protection Commission into the 2026 federal appropriation cycle. He reminded the Commission that this document will never be final.

Once a quorum was established, Chair Burgis recalled Item 8 and presented it again at the end of the meeting. Executive Director Bruce Blodgett recommended that the Commission approve the NHA Subcommittee be allowed to release the NHA management plan for public comment.

Motion: It was moved by Commissioner Bugsch and seconded by Commissioner Slater to allow the National Heritage Area Subcommittee to move the National Heritage Area Management Plan forward to the public comment stage; in a voice vote, the motion passed 8-0-0 with all Commissioners present voting aye.

9. Discuss proposed GreenWaste facility at Interstate 5 and Twin Cities Road

Executive Director Blodgett referred the Commission to the planning document and a letter from Congressman Garamendi in the agenda packet. He stated that the Commission will not take a position at this meeting, however he wanted the Department of Justice Attorney, Carlos Mejia, to talk about the role of the Commission and define ex-parte communications. Executive Director Blodgett stated that there are a lot of challenges with this project, and it could come before the Commission for action.

Commissioner Bugsch asked what action the Commission would be taking. Executive Director Blodgett answered that one other project has come before the Commission. It was the Sugar Mill project, which was not the Sugar Mill you see today. It was originally proposed as a major housing development. It came before the Commission and was turned back by the Delta Protection Commission. Attorney Mejia stated that the Commission has appellate authority over land use. If Sacramento County approves the GreenWaste project, it could be appealed to the Commission.

Chair Burgis asked for public comment and there were two public comments:

  1. Diane Kinderman, a land-use and real estate attorney for Zanker GreenWaste, stated that she has spoken with Congressman Garamendi and understands his position on the project. She requested to present the project to the Commission at a future meeting.
  2. Congressman Garamendi spoke at length about the importance of the Delta and Delta heritage and ecosystem. He stated that the project was a large urban industrial garbage operation and that the Commission should vote categorically No on the project. He stated that there are other locations in Sacramento County that already have the infrastructure for this project such as the Sacramento landfill.

10. Receive Executive Director Report

Executive Director Blodgett announced that Commission staff would send a survey to Commissioners to ensure that the date and time of the Commission meetings is still convenient for Commissioners so the Commission can ensure there is a quorum at every meeting.

He thanked Commissioner Agar for his service. He thanked Morris Lum for coordinating the meeting with the Sacramento Yacht Club. He said hiring efforts to fill the Commission’s vacant Senior Environmental Planner position are ongoing, and that efforts to replace departed Commission Clerk Morgan Matz are finalized. He stated that the City of Pittsburgh will be helping install the NHA signs and gave an update on the Socioeconomic Indicators Report.

Chair Burgis asked for public comment and there was none.

11. Receive Delta as Place Report

Executive Director Blodgett introduced Morris Lum, a member of the Delta Protection Advisory Committee. Mr. Lum spoke to the variety of yacht clubs in the Delta and their challenges. He gave a presentation on different types of boats and their uses and other boat club types. He presented that boating has become diversified as more women and people of color are attending boating events.

Chair Burgis asked for public comment and there was none.

12. Receive Delta Protection Advisory Committee Report

Delta Protection Advisory Committee Chair Anna Swenson was on vacation, thus unable to deliver a report. Executive Director Blodgett stated that the next Delta Protection Advisory Committee meeting is December 12, 2023, and that meetings are held in Delta-focused businesses.

Chair Burgis asked for public comment and there was none.

13. Adjourn

Motion: It was moved by Commissioner Steele and seconded by Commissioner Kott to adjourn the meeting. In the discussion, the next meeting is January 18. In a voice vote, the motion passed 8-0-0 with all Commissioners present voting aye. Chair Burgis adjourned the meeting at 7:17 p.m.